Legal Opinion

Garcia v. Schneider Energy Services, Inc.

Supreme Court of Colorado

Decided October 22, 2012No. 11SA219PublishedCited by 20 opinions

1Opinion of the Court

Justice RICE delivered

the Opinion of the Court.

T1 In this original C.A.R. 21 proceeding we review the trial court's grant of summary judgment after it found that 71 days was not a reasonable time for purposes of "relating back" an amended complaint pursuant to *114Dillingham v. Greeley Publishing Company, 701 P.2d 27, 31 (Colo.1985), and C.R.C.P. 15(c). In fact, under Dillingham the proper measure for relation back under CRCP. 15(c) is the time between the filing date of the original complaint and the date when the party related back receives notice. We now hold that-consistent with this Court's…

2Cases cited15 opinions

  1. Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
  2. KRUPSKI v. COSTA CROCIERE S. P. ASupreme Court of the United States · 2010
  3. Ingram v. KumarCourt of Appeals for the Second Circuit · 1978
  4. Farmers Insurance Exchange v. Bill Boom Inc.Supreme Court of Colorado · 1998
  5. Robert Warren v. Department of the ArmyCourt of Appeals for the Eighth Circuit · 1989

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3Cited by20 opinions

  1. Krol v. CF & I SteelColorado Court of Appeals · 2013
  2. Mason v. Farm Credit of S. Colo.Supreme Court of Colorado · 2018
  3. Laleh v. JohnsonColorado Court of Appeals · 2016
  4. Taylor v. LongColorado Court of Appeals · 2018
  5. v. Zag Built LLC —Colorado Court of Appeals · 2018

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